Stewart Equipment Co. v. Hilling Construction Co.

STRUTZ, Judge.

This is an appeal by Stewart Equipment Co. Ltd., a Canadian corporation (hereinafter “Stewart Co.”), from a judgment entered on August 18, 1969, dismissing the plaintiff’s complaint against the defendant corporations. The case was tried to the court without a jury. No witnesses were called at the trial, counsel having stipulated that the court might consider facts presented by the parties in the form of affidavits, the same as if the persons who signed such instruments had personally testified in court.

The plaintiff brings its action for breach of an alleged written contract…